At a glance (120 words): Since October 30, 2025, USCIS no longer automatically extends an expiring work permit while a renewal is pending. On October 14, 2026, the Department of Homeland Security made that change permanent in a final rule, adopted without changes after 653 public comments. If you file to renew your Employment Authorization Document (EAD) and the new card is not approved before the old one expires, your permission to work ends the day after the date on the card. It comes back only when the renewal is approved. The main exceptions are TPS-related documents extended by a Federal Register notice and renewals filed before October 30, 2025. USCIS says to file up to 180 days before your card expires. The longer you wait, the more likely a gap.
What Changed
For years, a timely renewal application kept an expiring work permit alive. Under the old rule at 8 CFR 274a.13(d), filing Form I-765 before the card expired automatically extended it, first for up to 180 days and, since 2022, for up to 540 days. The receipt notice plus the expired card was enough to keep working.
On October 30, 2025, DHS published an interim final rule that ended that practice for renewals filed on or after that date. It added a new 8 CFR 274a.13(e). On October 14, 2026, DHS published the final rule, “Removal of Automatic Extensions for Certain Employment Authorization Documents” (91 FR 65306). It adopts the 2025 rule as final, without any changes, and took effect the same day. DHS received 653 comments. Its stated reason is to vet each person again before granting a new period of work authorization.
In plain terms: a receipt notice no longer lets you keep working past the date on your card.
Who Is Affected
The rule covers every category that used to get the automatic extension. By DHS’s own numbers, the two largest groups are people with a pending green card application (category C9, Form I-485) and people with a pending asylum application (category C8). Others that used to qualify include:
- Applicants for cancellation of removal with a pending case in immigration court (C10)
- VAWA self-petitioners (C31)
- Refugees and people granted asylum or withholding (A3, A5, A10)
If your work permit is in one of these categories and you file a renewal today, the new card has to be approved before the old one expires or you will have a gap.
The Exceptions
The final rule keeps three carve-outs:
- Renewals filed before October 30, 2025. If USCIS received your renewal before that date, the old up-to-540-day extension still applies. Your expired card plus the I-797C receipt notice, with a receipt date before the expiration date on the card, remains valid proof for up to 540 days. The advance parole part of a combo card was never extended.
- TPS-related documents. Extensions provided by law or by a Federal Register notice for a country’s TPS designation continue. Note that a 2025 statute now limits any TPS work authorization to one year or the length of the designation, whichever is shorter.
- Extensions provided by law. Where a statute itself extends work authorization, the regulation does not override it.
People who are authorized to work because of their status, not because of the card, keep working after the card’s date as long as the status continues. The expired card just stops being valid proof for Form I-9.
What Happens on the Day the Card Expires
DHS’s own example in the rule makes the timing clear. A green card applicant’s EAD expires May 30, 2026. She files a renewal on February 4, 2026, about four months ahead. If USCIS approves the renewal before May 30, her authorization continues without a break. If the renewal is still pending on May 31, she cannot keep working for her employer on or after that day unless she is authorized to work on some other basis. When the renewal is later approved, she can go back to work for the period on the new card.
That means the employer has to stop the person from working, and in most cases has to reverify Form I-9 once the new card arrives.
How Long Your New Card Will Last
In December 2025, USCIS also updated the maximum validity of several categories. According to the USCIS Policy Manual (current as of October 2, 2026):
| Category | Maximum validity |
|---|---|
| Pending green card application (C9) | 18 months |
| Pending cancellation of removal (C10) | 18 months |
| Pending asylum application (C8) | 18 months |
| VAWA self-petitioner (C31) | 2 years |
| DACA (C33) | 2 years, or the end of the deferred action period |
| TPS (A12, C19) | 1 year, or the length of the designation, whichever is shorter |
| Pending T visa application (C40) | 4 years |
An 18-month card plus no automatic extension means you will be filing renewals more often, and each one carries the same risk of a gap.
When to File
USCIS’s Form I-765 page says it “generally recommend[s]” filing a renewal up to 180 days before the current card expires, and at least 90 days before. There is no reason to wait. Filing on the first day of that 180-day window gives USCIS the longest possible time to approve the renewal before the old card runs out.
A few practical points:
- Mark the date now. Count back 180 days from the expiration date on your card and put it on your calendar.
- File online if your category allows it. Some renewal categories can be filed online, and the receipt notice arrives faster.
- Keep your underlying case moving. A renewal depends on the pending application that supports it. If your I-485 or other case has a request for evidence or a missed appointment, fix that first.
- Ask about expedite requests. USCIS considers expedite requests for severe financial loss and some other reasons. They are not guaranteed, but they exist.
- Tell your employer early. Most employers would rather plan for a short gap than find out on the day the card expires.
If Your Card Already Expired
If your work permit expired and the renewal is still pending, you cannot work until the new card is approved, unless you are authorized on another basis. Working without authorization can affect your green card case, so do not guess. Check your case status, consider an expedite request if you qualify, and ask an attorney whether anything else in your file supports work authorization.
When to Call an Immigration Attorney
The Law Offices of Karen S. Monrreal helps clients in Reno and across Nevada with work permits, including renewals tied to a pending green card, U visa, VAWA, or cancellation of removal case. If your card expires in the next six months, call (775) 826-2380 to get the renewal filed at the front of the window. For the basics of who qualifies for a work permit and how to apply, see our guide to employment authorization in the U.S.. TPS holders should also read what to do if TPS ends.
Frequently Asked Questions
My receipt notice says my EAD is extended. Is that still true?
Only if USCIS received your renewal before October 30, 2025. For those filers, the expired card plus the receipt notice is valid for up to 540 days from the card’s expiration date. For renewals received on or after October 30, 2025, the receipt notice does not extend anything.
Can I keep working while my renewal is pending?
Yes, until the date on your current card. After that date, you cannot work until the renewal is approved, unless you are authorized to work on a separate basis.
Does this apply to TPS work permits?
TPS-related documents can still be extended by a Federal Register notice for that country’s designation. Check the current USCIS notice for your country. Other TPS holders who file an ordinary renewal are subject to the same rule as everyone else.
How early can I file my renewal?
USCIS says up to 180 days before the expiration date on your current card, and recommends at least 90 days before.
Did the final rule change anything from the 2025 rule?
No. The October 14, 2026 final rule adopts the October 30, 2025 interim rule without changes. The practical effect has been in place since October 30, 2025.
Sources: Department of Homeland Security, “Removal of Automatic Extensions for Certain Employment Authorization Documents,” final rule, 91 FR 65306 (October 14, 2026), govinfo.gov; interim final rule, 90 FR 48799 (October 30, 2025); 8 CFR 274a.13(d) and (e); USCIS news release, “DHS Ends Automatic Extension of Employment Authorization” (October 29, 2025), uscis.gov; USCIS Policy Manual, Volume 10, Part A, Chapter 4, EAD validity periods, uscis.gov; USCIS Form I-765 page, uscis.gov/i-765; H.R. 1, Public Law 119-21 (2025), sections 100003(c) and 100012(a).
This article is general information, not legal advice. Whether your work authorization continues, and for how long, depends on your category, your filing date, and the status of your underlying case. Speak with an immigration attorney about your own situation.
Questions about your own case?
This guide is general information, not legal advice for your situation. New clients are taken from a waiting list. Call the office to ask about current availability.